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HomeMy WebLinkAbout2006-05-17 STAFF REPORTS 2B PALM SPRINGS CITY COUNCIL MINUTES WEDNESDAY, MAY 3, 2006 CITY COUNCIL CHAMBER CALL TO ORDER: Mayor Oden called the meeting to order at 6:04 P.M. PLEDGE OF ALLEGIANCE: Boy Scout Troop 262 led the Pledge. INVOCATION: Rev. Duane Cox, Retired Religious Science Ministries, led the Invocation. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. ABSENT: None. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland stated that at 4:30 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss items on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: Councilmember McCulloch noted his business related abstention with respect to Warrant No. 1012306 on Consent Calendar Item 2.C. Councilmember Pougnet requested Items 2.K. and 2.P be removed from the Consent Calendar for separate discussion. Mayor Oden requested Consent Calendar Items 21. and 2.P be removed from the Consent Calendar for separate discussion. Councilmember Mills noted his business related abstention on Consent Calendar Items 2.1. and 2.J. Mayor Pro Tem Foat requested clarification on Consent Calendar Item 2.N. ACTION: Accept the Agenda as amended. Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. PRESENTATIONS: Mayor Oden and the City Council proclaimed the week of May 1, 2006 as Public Service Employees Recognition Week in the City of Palm Springs. Item No. 2 3 . i I I City Council Minutes May 3, 2006 Page 2 Mayor Oden and the City Council presented a Certificate of Recognition to Iry and Branna Sisenwein founding members of the Coachella Valley Desert Visionaries. Mayor Oden and the City Council presented a Certificate of Recognition to the Original Mexican Families for their contributions to the Palm Springs Village. Mayor Oden and the City Council proclaimed the week of May 1, 2006 as California Building Safety Week in the City of Palm Springs. Mayor Oden and the City Council proclaimed the week of May 17, 2006 as Stroke Recovery Center Week in the City of Palm Springs and acknowledged the Stroke Recovery Center for their continued public service. 1. PUBLIC HEARINGS: Councilmember McCulloch stated he has a property ownership conflict of interest; would not participate in the discussion or the vote, and left Council Chamber at 6:27 P.M. 1.A. APPEAL OF PLANNING COMMISSION'S DECISION, BY REZA MAZAHERI, CASE NO. 6.486, VARIANCE TO ALLOWABLE WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006. Mayor Oden opened the public hearing, and the following speaker addressed the City Council. JOYCE VIRTUE, Representing Applicant, provided background information on the variance request and noted continued problems with the homeless. No further speakers coming forward, the public hearing was closed. Councilmember Pougnet requested clarification with respect to the wrought iron fence. Councilmember Mills commented on the prior code enforcement problems, and stated the property is blighted; requested Code Enforcement continue to enforce violations on the property. Mayor Pro Tem Foat requested the Police Department and staff address the homeless issues in the immediate area and property next door. Mayor Oden provided background information on the Applicant and commented on the condition of the property. City Council Minutes May 3, 2006 Page 3 ACTION: Adopt Resolution No. 21565, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DENIAL OF CASE 6.486-VAR A VARIANCE TO THE ALLOWED WALL HEIGHTS LOCATED AT 2001 EAST TAHQUITZ CANYON WAY, ZONE R2, SECTION 13." Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried 4-0 on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tem Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch. Councilmember McCulloch returned to the dais at 6:40 P.M. I.B. INTERIM URGENCY ORDINANCE EXTENDING ORDINANCE NO. 1687 A TEMPORARY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF PALM SPRINGS: City Attorney Holland provided background information as outlined in the staff report dated May 3, 2006. Mayor Oden requested staff provide a progress report on the Committee assigned to study this issue. Mayor Oden opened the public hearing and the following speakers addressed the City Council. SUMMER GLENNY, Redlands, thanked the City Council for forming the Committee and requested the City not extend the moratorium the length of time in the staff report. GARY SILVA, Sky Valley, spoke in favor of Medical Marijuana, and stated he is a member of the Committee and the extension is too long. ROXANN PLOSS, Palm Springs, commented on the benefits of Medical Marijuana and requested the moratorium be shorter. KRISTA SILVA, Sky Valley, stated the extension of the moratorium should be shortened to 90-days. RYAN MICHAELS, Riverside, stated his support for medical marijuana and provided information with respect to services provided by local agencies. STACY HOCHENAGAL, requested the City Council shorten the moratorium to 6 months. City Council Minutes May 3, 2006 Page 4 No further speakers coming forward, the public hearing was closed. Mayor Pro Tern Foat requested staff address the timing issue of the moratorium and commented on the amount of time needed to study the issue and amount of time requested to extend the moratorium. Mayor Oden commented on balancing the needs of the users of medical marijuana and the needs and public safety issues to the residents and surrounding businesses. ACTION: 1) Receive and File the Staff Report dated May 3, 2006 as the written report pursuant to Government Code Section 65858; and 2) Waive the reading of the Ordinance text in its entirety and adopt by title only, and 3) Adopt Interim Urgency Ordinance No. 1688, "AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, EXTENDING ORDINANCE. NO. 1687, A TEMPORARY MORATORIUM ON THE LEGAL ESTABLISHMENT AND OPERATION OF MEDICAL MARIJUANA DISPENSARIES WITHIN THE CITY OF PALM SPRINGS FOR AN ADDITIONAL PERIOD OF 10 MONTHS AND 15 DAYS PENDING COMPLETION OF A STUDY OF ZONING REGULATIONS THAT ARE NEEDED TO ALLEVIATE A CURRENT AND ACTUAL THREAT TO THE PUBLIC HEALTH, SAFETY, AND WELFARE." Motion Councilmember Pougnet, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. 1.C. DECISION TO OVERRIDE THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ("THE SPRINGS" COMMERCIAL CENTER) LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006. Councilmember Pougnet requested staff address the conditions in the staff report and the proposed resolution. Mayor Pro Tem Foat requested staff address the conditions regarding the Sub- Division Map Act. Mayor Oden opened the public hearing, and no speakers coming forward the public hearing was closed. ACTION: Adopt Resolution No. 21566, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRIDING THE RIVERSIDE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN FOR PLANNED DEVELOPMENT PD-291 ('THE SPRINGS" COMMERCIAL City Council Minutes May 3, 2006 Page 5 CENTER') LOCATED AT THE NORTHEAST CORNER OF GENE AUTRY TRAIL (STATE HIGHWAY 111) AND RAMON ROAD." Motion Mayor Pro Tern Foat, seconded by Councilmember Mills and unanimously carried on a roll call vote. 1.D. PLANNED DEVELOPMENT PD 314 AND TTM 33575 (CASE NO. 5.1056), APPLICATION BY PALM CANYON 102, L.P. FOR A PLANNED DEVELOPMENT AND A TENTATIVE TRACT MAP TO ALLOW DEVELOPMENT OF 26 LIVE WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF COMMERCIAL SPACE ON A 11.7 ACRE SITE LOCATED EAST OF SOUTH PALM CANYON AND SOUTH OF THE TAHQUITZ CREEK CHANNEL, ZONE C-1, SECTION 23, APN 508-172-005, 508-172-006, AND 508-172-007: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report dated May 3, 2006. The City Council recessed at 7:10 P.M. The City Council reconvened at 7:15 P.M. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. DAVID HILLIARD, Applicant, provided background information and an overview of the project; provided a Power Point presentation. JAY REYNOLDS, Representing Applicant, provided additional information on the site plan. ROBERT RAMBLAS, Representing Applicant, provided background information on the live/work concept and the proposed live/work units. APRIL HILDNER, Palm Springs, stated her concerns with density, traffic mitigation and construction traffic. No further speakers coming forward, the public hearing was closed. Councilmember Mills commented on the site plan and expressed concerns with respect to the current zoning and the meaning of the property to the City; commented on the highest and best use; stated any proposed development on the property should be more focused on the commercial uses. Councilmember McCulloch commented on the process with respect to the Applicant, stated his support for the project and recommended the City Council approve the project. City Council Minutes j May 3, 2006 Page 6 Mayor Pro Tem Foat commented on the view from Palm Canyon and continued to express concerns with view of garage doors and density. Councilmember Pougnet commented on the highest and best use for this property and density. Mayor Oden commented on the goals and target of the site and the proposed project. MOTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 5.1056, PD 314, AND TTM 33575 - AN APPLICATION BY PALM CANYON 102 L.P. FOR A MIXED-USE DEVELOPMENT CONSISTING OF 26 LIVE-WORK UNITS, 80 ATTACHED TOWNHOMES AND 15,000 SQUARE FEET OF RETAIL SPACE LOCATED ON 11.71 ACRES BOUND BY THE TAHQUITZ CREEK CHANNEL TO THE NORTH AND RANDOM ROAD TO THE EAST" as amended by adding Section 5 to the proposed resolution approving the project subject to the conditions of approval. Motion Councilmember McCulloch, seconded by Mayor Oden and failed 2-3 on a roll call vote. AYES: Councilmember McCulloch, and Mayor Oden. NOES: Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tem Foat. Mayor Pro Tem Foat asked about the possibility of creating a City Council sub- committee to work with the Applicant. Mayor Oden commented on the concept of creating a sub-committee. Councilmember Pougnet and Mayor Pro Tem Foat stated density is an issue with the proposed project. Councilmember Mills commented on the previously approved site plan along with the concept of the original project proposed and approved for this site. Councilmember McCulloch commented on the process. Councilmember Pougnet commented on the process and the density concerns. Councilmember Mills commented on the development planning process for this type of project. Mayor Oden commented on the process and the previous direction to the Applicant. I City Council Minutes May 3, 2006 Page 7 ACTION: Refer the project back to the Planning Commission. Motion Councilmember Mills, seconded by Mayor Pro Tern Foat and carried 4-1 .on a roll call vote. AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. Mayor Pro Tern Foat stated she may have a perceived conflict of interest due to verbal comments and promises made by the Applicant to her business partner; would not participate in the discussion or the vote and left Council Chamber at 7:53 P.M. 1.E. SHADOWROCK DEVELOPMENT AGREEMENT EXTENSION, CASE 5.0609, PLANNED DEVELOPMENT DISTRICT 224, TENTATIVE TRACT MAP 28587: Craig Ewing, Director of Planning Services, provided background information as outlined in the staff report May 3, 2006. JOHN CRISTE, Terra Nova Planning and Research, provided information to the Response to Comments on the FEIR Addendum for Shadowrock as presented to the City Council. Mayor Oden requested clarification on the proposal and recommended action before the Council. Mayor Oden opened the public hearing and the following speakers addressed the City Council. MARK BRAGG, Palm Springs, Applicant, stated he did not approach Mayor Pro Tern Foat's partner; provided background information on the project and the request for the Development Agreement Extension and provided a Power Point presentation. ED TORRES, Palm Springs, commented on the project and stated his support for extending the agreement. WILLIAM (BILL) FORD, Palm Springs, stated his support for the project. VIC GAINER, Palm Springs, expressed concerns with the financial commitments and requested the City consider a land swap in lieu of approving the project on the Chino Cone. CELESTE DOYLE, requested the City Council deny the request and expressed concerns with the habitat for Big Horn Sheep, urban sprawl, legal concerns, and problems with the FEIR Addendum. City Council Minutes May 3, 2006 Page 8 GREG DAY, Palm Springs, requested the City Council not approve the extension and start the project over. BILL COCKRUM, commented on the fiscal aspects and resources of the Shadowrock project. DAVID WAITE, Legal Counsel for Shadowrock, clarified the entity on the proposed ordinance, addressed the state of the current agreement, the FEIR and mitigation measures, and the requests for a new EIR. DAVID BARON, commented on development in the Chino Cone and the balance between the developer and the community; requested City Council support for extending the current agreement. MARVIN ROOS, read a letter by Aftab Dada requesting support for extending the agreement. TAMARA STEVENS, read a letter of support from the Board of Directors of the Palm Springs Economic Development Corporation; requested the approval of the extension to the agreement. MITCH SPIKE, Palm Springs Police Officers Association, commented on the fiscal impact to the City and requested support to extend the agreement. REV. JERRY JOHNSON, spoke in support of extending the development agreement and commented on the view from the Gateway to the City with the proposed project. CHARLES SACHS, Palm Springs, commented on development of the Gateway and requested the City Council deny the extension of the development agreement. MALLIKA ALBERT, Palm Springs, commented on her support to preserve the Chino Cone forever. CAROLE SUCKMAN, Palm Springs, stated her support to deny the request to extend the development agreement and for preservation of the Chino Cone. GLADYS KRENEK, Palm Springs, stated her support for preservation of the Chino Cone, and requested the City Council deny the development agreement. NICKIE MCLAUGHLIN, Friends of Palm Springs Mountains, stated the Shadowrock agreement has already expired and legally may not be extended, requested the City Council deny the request to extend the development agreement. City Council Minutes May 3, 2006 Page 9 DANA STEWART, Palm Springs, commented on development and requested the City Council deny the request to extend the agreement. JONO HILDNER, Palm Springs, commented on the Planning Commission meeting, and requested the City Council deny the request to extend the development agreement. JEFFERY WELSHANDS, Palm Springs, commented on the environmental concerns, and requested the City Council deny the request to extend the agreement. JOAN TAYLOR, Palm Springs, submitted a map of Big Horn sheep sightings in the Chino Canyon; commented on the environmental aspects, requested a new EIR, and requested the City Council deny the extension of the agreement. CHUCK NISBET, Palm Springs, stated tonight is the start of a second chance and commented on changes to the Community; requested the City Council deny the request to extend the agreement. LEA GOODSELL, Palm Desert, commented on branding the City and requested the City Council support the extension of the agreement. JAMES HAYTON, Palm Springs, commented on economic growth and requested the City Council deny the request to extend the agreement. MARGE HALL, requested the City Council deny the request to extend the agreement and requested the property be designated as a conservation area. ROXANNE PLOSS, Palm Springs, commented on eco-tourism and requested the City Council deny the request to extend the agreement. No further speakers coming forward the public hearing was closed. Councilmember Pougnet requested the Applicant address if the City has been presented a letter of Intent. Councilmember McCulloch commented on the background of his past actions on this development and the current state of the City with respect to the financial impact this development would provide the City; commented on development in the area by the Tribe, and the delays brought-on to the developer. Councilmember Mills commented on the process and fairness to the Developer, and reiterated the proposed action is an extension to an approved agreement; commented on the potential development by the Tribe, and the action of the Planning Commission. City Council Minutes May 3, 2006 Page 10 Councilmember Pougnet requested the City Attorney address the concept of "taking," commented on the Planning Commission meeting, the objectives, the commencement of the project and the risk of completion. Mayor Oden commented on Measure B, growth and responsible development, concept of a "bedroom community" and providing economic stability for the City. ACTION: 1) Waive the reading of the Ordinance text in its entirety and introduce by title only, and 2) Introduce Ordinance No. 1689, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TEN-YEAR TIME EXTENSION OF THE TERM OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND SHADOWROCK REAL ESTATE DEVELOPMENT, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED ALONG TRAMWAY ROAD APPROXIMATELY 1.5 MILES WEST OF HIGHWAY 111, PD224, SECTIONS 5, 6, AND 8." Motion Councilmember Mills, seconded by Councilmember McCulloch and carried 3-1 on a roll call vote. AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Councilmember Pougnet. ABSENT: Mayor Pro Tern Foat. The City Council recessed at 9:35 P.M. The City Council reconvened at 9:43 P.M. Mayor Pro Tern Foat returned to the dais. 1.F. FOUR SEASONS TENTATIVE TRACT MAP 31525, SUBDIVIDING AN APPROXIMATE 23.9-ACRE PARCEL INTO 70 SINGLE-FAMILY RESIDENTIAL LOTS AND TWO WATER QUALITY LOTS, ALONG WITH THE DEDICATION OF AN APPROXIMATE SEVEN-ACRE PARCEL FOR PARK PURPOSES: Craig Ewing, Director of Planning Services, and City Attorney Holland provided background information as outlined in the staff report dated May 3, 2006. Mayor Oden opened the public hearing, and the following speakers addressed the City Council. DAMON GASCON, Representing Applicant, stated they have been working diligently with staff to resolve the park dedication issue and requested the City Council approve the project, and the proposed contract. DAVID BARON, Representing Applicant, requested approval of the TTM and approval of the agreement to further identify and resolve the outstanding issues with respect to the park dedication. No further speakers coming forward, the public hearing was closed. City Council Minutes May 3, 2006 Page 11 ACTION: 1) Adopt Resolution No. 21567, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATE 23.9-ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER WASH, ZONE PD-267, SECTION 36;" and 2) Authorize the City Manager to execute a Reservation of Rights agreement subject to review and approval of the City Attorney. A5284. Motion Councilmember McCulloch, seconded by Mayor Pro Tern Foat and unanimously carried on a roll call vote. PUBLIC COMMENT: WESLEY COLE, announced Green Friday on May 4 in the City of Palm Springs. ANDREW STARKEY, Palm Springs, requested support of Consent Calendar Item 2.P. and Item 21. for the Fireworks Display; and provided an update to the City Council on the Palm Springs Power Baseball. 2. CONSENT CALENDAR: Councilmember Pougnet commented on Consent Calendar Item 2.K., thanked the City Manager for his work and service to the community and requested the Item be approved as part of the Consent Calendar. Mayor Oden commented on Consent Calendar Items 21, and 2.P., thanked the Palm Springs Power Baseball Team, and requested the Items be approved as part of the Consent Calendar. ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 2.L., 2.M., 2.N., 2.0., 2.P., 2.Q., and 2.R. Motion Councilmember Mills, seconded by Councilmember Pougnet and unanimously carried on a roll call vote. 2.A. REPORT ON POSTING OF THE AGENDA: ACTION: Receive and File Report on the Posting of the May 3, 2006, City Council Agenda. Approved as part of the Consent Calendar. :t.B. APPROVAL OF MINUTES: ACTION: Approve the City Council Minutes of April 19, 2006, and April 26, 2006. Approved as part of the Consent Calendar. City Council Minutes May 3, 2006 Page 12 2.C. APPROVAL OF PAYROLL WARRANTS, CLAIMS AND DEMANDS: ACTION: 1) Adopt Resolution No. 21568, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1012249 THROUGH 1012511 IN THE AGGREGATE AMOUNT OF $2,123,465.83 DRAWN ON BANK OF AMERICA;" 2) Adopt Resolution No. 21569, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF PAYROLL WARRANTS FOR THE PERIOD ENDED 04-08-06 BY WARRANTS NUMBERED 410169 THROUGH 410222 TOTALING $69,654.01, LIABILITY CHECKS NUMBERED 1012512 THROUGH 1012540 TOTALING $128,336.20, AND THREE WIRE TRANSFERS FOR $53,993.14 AND THREE ELECTRONIC ACH DEBITS OF $897,811.26 IN THE AGGREGATE AMOUNT OF $1,149,794.61 DRAWN ON BANK OF AMERICA;" and 3) Adopt Resolution No. 21570, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING PAYMENT OF CLAIMS AND DEMANDS BY WARRANTS NUMBERED 1012541 THROUGH 1012863 IN THE AGGREGATE AMOUNT OF $3,847,374.98 DRAWN ON BANK OF AMERICA." Approved as part of the Consent Calendar, noting the business related abstention of Councilmember McCulloch on Warrant No. 1012306. 2.1). TREASURER'S INVESTMENT REPORT AS OF FEBRUARY 28, 2006: ACTION: Receive and File Treasurer's Investment Report as of February 28, 2006. Approved as part of the Consent Calendar. 2.E. TREASURER'S INVESTMENT REPORT AS OF MARCH 31, 2006: ACTION: Receive and File Treasurer's Investment Report as of March 31, 2006. Approved as part of the Consent Calendar. 2.17. AMENDMENT NO. 2 TO AGREEMENT NO. A4666 WITH HDR ENGINEERING, INC., FOR THE GENE AUTRY TRAIL WIDENING, CITY PROJECT NO 02-03: ACTION: 1) Adopt Minute Order No. 7851, Approving Amendment No. 2 to Agreement No. A4666 with HDR Engineering, Inc. in the amount of $11,948 for a total revised contract amount of $497,807 for the Gene Autry Trail widening, City Project No. 02-03; and 2) Authorize the City Manager to execute all necessary documents. A4666. Approved as part of the Consent Calendar. 2,G. AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC., FOR THE PALM SPRINGS STORM DRAIN LINE 6A, LINE 8, LATERAL 20C AND LATERAL 20CA PROJECT, CITY PROJECT 05-20: ACTION: 1) Adopt Minute Order No. 7852, Approving an agreement with Engineering Resources of Southern California, Inc. in the amount of$295,480 for the Palm Springs Storm Drain Line 6A, Line 8, Lateral 20C, and Lateral 20CA Project, City Project No. 05-20; and 2) Authorize the City Manager to execute all necessary documents. A5275. Approved as part of the Consent Calendar. City Council Minutes May 3, 2006 Page 13 2.H. DECLARE BOARD OF APPEALS APPOINTIVE POSITION AS VACANT PURSUANT TO CHARTER SECTION 605(f): ACTION: 1) Declare the Board of Appeals appointive office held by Kathie Brennan vacant; and 2) Direct the City Clerk to post a Notice of Vacancy and to provide for the City Council to fill the vacancy during the 2006 annual recruitment process. Approved as part of the Consent Calendar. 2.1. FINAL MAP 32675 AND A SUBDIVISION IMPROVEMENT AGREEMENT WITH CONTEMPO COUNTRY CLUB ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, FOR 25 SINGLE FAMILY HOMES AND THREE OPEN SPACE LOTS, LOCATED AT 2800 WHITEWATER CLUB DRIVE, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST: ACTION: 1) Adopt Resolution No. 21571, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL MAP 32675 FOR PROPERTY LOCATED AT 2800 WHITEWATER CLUB DRIVE, IN SECTION 1, TOWNSHIP 4 SOUTH, RANGE 4 EAST, AND APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT WITH CONTEMPO COUNTRY CLUB ESTATES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY;" and 2) Authorize the City Manager to execute all necessary documents. A5276. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.J. CONVENTION CENTER KITCHEN BUILD-OUT, FULL FUNDING, PROJECT NO. 02-27A: ACTION: 1) Adopt Minute Order No. 7853, Authorizing the use of excess Fiscal Year 2005-06 Convention Center Operating Funds to fully fund the Kitchen Build-Out Project; and 2) Adopt Minute Order No. 7854, Rescinding Minute Order No. 7840, Change Order No. 1 to Agreement No. 5253 with Doug Wall, Inc. decreasing the amount of $283,749 from the agreement, and restoring the project to its original scope. A5253. Approved as part of the Consent Calendar, noting the business related abstention of Councilmember Mills. 2.K. AMENDMENT NO. 2 TO AGREEMENT NO. A4219 - CITY MANAGER EMPLOYMENT AGREEMENT: ACTION: 1) Adopt Minute Order No. 7855, Approving Amendment No. 2 to Agreement No. A4219, City Manager Employment; and 2) Authorize the Mayor to execute all necessary documents. A4219. Approved as part of the Consent Calendar. 2.L. TEMPORARY SUSPENSION OF CERTAIN REGULATORY ORDINANCES TO FACILITATE A FIREWORKS DISPLAY AT THE PALM SPRINGS POWER BASEBALL GAME TO BE HELD AT THE PALM SPRINGS STADIUM ON JUNE 17, 2006: ACTION: Adopt Resolution No. 21572, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TEMPORARILY City Council Minutes May 3, 2006 Page 14 SUSPENDING CERTAIN REGULATORY ORDINANCES TO FACILITATE A FIREWORKS DISPLAY FOR FESTIVITIES AT THE PALM SPRINGS POWER BASEBALL GAME AT PALM SPRINGS STADIUM ON JUNE 17, 2006." Approved as part of the Consent Calendar. 2.M. AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, FISCAL YEAR 2005-06: ACTION: Adopt Resolution No. 21573, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENT NO. 7 TO THE ALLOCATED POSITIONS AND COMPENSATION PLAN, ADOPTED BY RESOLUTION NO. 21284." Approved as part of the Consent Calendar. 2.N. FISCAL YEAR 2004-05 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET AMENDMENT AND AMENDMENT TO THE ANNUAL PLAN: ACTION: 1) Adopt Resolution No. 21574, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BUDGET FOR FISCAL YEAR 2004-05; AUTHORIZING THE SUBMITTAL OF THE AMENDED ANNUAL PLAN UPDATE TO THE UNITED STATES DEPARTMENT OF HOUSING & URBAN DEVELOPMENT (HUD);" and 2) Authorize the City Manager to execute subrecipient agreements and all necessary documents subject to approval of the City Attorney as follows: Palm Springs Public Works & Engineering Department — ADA Pedestrian Safety Improvements $82,000 A5277 Mizell Senior Center— HVAC Energy-Efficient Improvements $75,000 A5278 Stroke Recovery Center Energy Conservation Improvements $50,000 A5279 Palm Springs Community & Economic Development Department Home Repair Program $12,000 A5280 Palm Springs Parks & Recreation Department $8,000 A5281 James O. Jessie Desert Highland Unity Center Improvements Approved as part of the Consent Calendar. ?.O. VILLAGEFEST PROMOTIONAL ADVERTISING FROM KESQ-TV: ACTION: Adopt Minute Order No. 7856, Authorizing the City Manager to purchase promotional advertising from KESQ-TV, for June, July, August, and September 2006, not to exceed $18,550, for VillageFest. Approved as part of the Consent Calendar. City Council Minutes May 3, 2006 Page 15 2.P. AGREEMENT WITH PALM SPRINGS POWER BASEBALL TEAM: ACTION: Adopt Minute Order No. 7857, Approving agreement and authorizing the City Manager to execute the agreement with the Palm Springs Power Baseball Team (PSP) for a period of three (3) years with two (2) two-year extensions as allowed under the terms and conditions of the agreement. A5282. Approved as part of the Consent Calendar. 2.Q. REQUEST FOR ASSIGNMENT OF LEASE - HEMINGER'S FUDGE AND CHOCOLATE COMPANY: ACTION: 1) Adopt Minute Order No. 7858, Approving the assignment of the lease agreement (Agreement No. A3525) with Heminger's Fudge and Chocolate Company located at 221 South Palm Canyon Drive; and 2) Authorize the City Manager to execute, in a form acceptable to the City Attorney, an assignment agreement transferring the lease currently held by Fredrick and Sharon Henninger to John Flatley and Mahammad Haque. A3525. A5283. Approved as part of the Consent Calendar. 2.R. PROPOSED RESOLUTION ESTABLISHING COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY, FINANCING AUTHORITY AND HOUSING AUTHORITY: ACTION: Adopt Resolution No. 21575 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ESTABLISHING COMPENSATION FOR THE MEMBERS OF THE GOVERNING BOARDS OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF PALM SPRINGS, THE CITY OF PALM SPRINGS FINANCING AUTHORITY, AND THE HOUSING AUTHORITY OF THE CITY OF PALM SPRINGS." Approved as part of the Consent Calendar. (EXCLUDED CONSENT CALENDAR: 3. LEGISLATIVE: None. ds. UNFINISHED BUSINESS: None. 5. NEW BUSINESS: None. COUNCILMEMBER COMMENTS AND REPORTS: Councilmember McCulloch commented on a recent luncheon for the Police Department volunteers and thanked the volunteers for over 15,000 hours of volunteer service to the City. Councilmember Pougnet commented on the proposed Downtown Height Initiative circulating in the City. City Council Minutes May 3, 2006 Page 16 Mayor Pro Tem Foat commented on the Homeless and Economically Disadvantaged Blue Ribbon Committee meeting, and announced upcoming events in the City. Mayor Oden announced the activities and events attended by the Mayor's office and requested the City Manager report on the sign for the Theatre. ADJOURNMENT: The City Council adjourned at 10:17 P.M. to a Council Cabinet and Study Session Meeting, Wednesday, May 10, 2006, at 6:00 P.M., City Hall Large Conference Room, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 East Tahquitz Canyon Way, Palm Springs. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 17T" DAY OF MAY, 2006. MAYOR ATTEST: City Clerk PALM SPRINGS CITY COUNCIL STUDY SESSION/COUNCIL-CABINET MINUTES WEDNESDAY, MAY 10, 2006 CITY HALL, LARGE CONFERENCE ROOM CALL TO ORDER: Mayor Pro Tern Foat called the meeting to order at 6:08 P.M. PLEDGE OF ALLEGIANCE: Councilmember McCulloch led the Pledge. ROLL CALL: PRESENT: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, and Mayor Pro Tern Foat. ABSENT: Mayor Oden arrived at 6:21 P.M. ALSO PRESENT: City Manager Ready, City Attorney Holland, City Clerk Thompson. REPORT OF CLOSED SESSION: City Attorney Holland reported that at 5:00 P.M. the meeting was called to order and the City Council recessed into Closed Session to discuss matters on the posted Closed Session Agenda. No reportable actions were taken. ACCEPTANCE OF THE AGENDA: ACTION: Accept the Agenda as presented. Motion Councilmember Mills, seconded by Councilmember McCulloch and unanimously carried, noting the absence of Mayor Oden. PRESENTATIONS: None, PUBLIC COMMENT: MARY AKINS, Palm Springs, commented about problems she is having with her landlord and the response from the Code Enforcement staff. BOB HELBLING, Palm Springs, commented on the Planning Commission meeting and the Boutique Hotel project at Tahquitz and Cahuilla. RON GAUL, Ocotillo, updated the City Council on activities of the Salton Sea Advisory Committee, Mayor Oden joined the meeting at 6:21 P.M. APRIL HILDNER, Palm Springs, provided the City Council with a report on the Tahquitz River Wash, and requested capital funding for the project. PAUL CRIPPAN, provided further information on the Tahquitz River Wash, and requested capital funding for the project. DANA STEWART, Palm Springs, commented on the Shadowrock project and development of the Chino Cone. City Council Minutes May 10,2006 Page 2 MATILDA JONES, Palm Springs, stated her support for funding of the improvements to the Tahquitz River Wash. JONO HILDNER, Palm Springs, stated his support for funding of the improvements to the Tahquitz River Wash. COUNCILMEMBER COMMENTS AND REQUESTS: None. CITY MANAGER'S REPORT: City Manager Ready provided an update on the format for the Council/Cabinet Meeting. 1. STUDY SESSION: I.A. COUNCIL/CABINET -- BOARD AND COMMISSION REPORTS: Public Arts Commission Janice Kleinschmidt, Chair, Public Arts Commission, provided an update to the City Council on the Commission. Chair Kleinschmidt reported on: the recent artwork added to the City's art collection, placement of works of art, art-in-lieu projects, and renovations to the Rainmaker Fountain. The City Council discussed and/or commented on the maintenance of the Rainmaker Fountain. VillageFest Board Martin Danielson, Chair, VillageFest Board, provided an update to the City Council on the Board. Chair Danielson reported on: demographics and advertising, Board objectives, creation of an identity for VillageFest, entertainment for children, and the Certified Farmers Market, The City Council discussed and/or commented on: the process of starting a Certified Farmers Market, demographic study, expanding the scope of work of the Board. Planning Commission Dianne Marantz, Chair, Planning Commission, provided an update to the City Council on the Commission. Chair Marantz reported on: Joint Meeting with the Architectural Advisory Committee, phasing approval of projects, requirements for 3-D presentations from Developers. The City Council discussed and/or commented on: the process with the Architectural Advisory Committee, the Commission and staff; and story polls. Parks and Recreation Commission Lauri Aylaian, Chair, Parks and Recreation Commission, provided an update to the City Council on the Commission. Chair Aylaian reported on: City Council Minutes May 10,2006 Page 3 trails, process for funding large projects, Strategic Plan, special events ordinance, Summer Jam Concerts, Homeless issues in Sunrise Park. The City Council discussed and/or commented on: use of Quimby Funds for trails as a recreational use, bike paths, request for homeless to use showers in the locker area. Library Board Sandra Levinson, Member, Library Board, provided an update to the City Council on the Board. Member Levinson reported on: the library feasibility study, fundraising activities, hiring an Architect for expansion, homeless issues, development of a brand. Human Rights Commission Judith Doyle, Commissioner, Human Rights Commission, provided an update to the City Council on the Commission. Commissioner Doyle reported on: media organization and outreach, equality issues and access, Hate Free City Campaign. The City Council discussed and/or commented on: possible Commission participation in the Holocaust Remembrance event. Councilmember Foat requested the City Manager place on a future agenda the Hate Free City Campaign and the potential costs. Historic Site Preservation Board James Hayton, Chair, Historic Site Preservation Board, provided an update to the City Council on the Board. Chair Hayton reported on: the status of current historic site projects, new requests for historic site designation, penalties for illegal process and other violations. The City Council discussed and/or commented on: the process of Class 1 and Class 2 designations and voluntary designations, meeting with tour organizations, loss of significant buildings and balance. Councilmember Mills requested a report on the demolition activities at the Colony Palms. Airport Commission Robert Elsner, Chair, Airport Commission, provided an update to the City Council on the Commission and presented a written status report. Chair Elsner reported on: staff reorganization, Holdroom project completion and updates on other current projects, Bond refinancing, funding for a new air traffic control tower, capital improvement plan, leases for rental car agencies, Customer Facility Charge, concession program, new airport master plan, parking structure feasibility study, vendor change with respect to the parking management program. City Council Minutes [day 10,2006 Page 4 The City Council discussed and/or commented on: the airport concession program, airport commission membership. The City Council recessed at 8:40 P.M. the City Council reconvened at 8:46 P.M. I.B. PRESENTATION OF THE FISCAL YEAR 2006-07 CAPITAL IMPROVEMENT AND AIRPORT BUDGET: ACTION: Continue Budget discussions to the May 24, 2006 Study Session. By consensus of the City Council. COUNCILMEMBER COMMENTS AND REPORTS: Mayor Pro Tern Foat thanked the Commission and Board Members for their reports, and requested a meeting with the NOI Steering Committee, commented on the joint participation project with the Small Hotels and MainStreet to promote small hotels and Downtown. Councilmember Pougnet requested staff address the role of the City with respect to disputes between the landlord and tenant; requested an update of vacant properties list that may be subject to the vacant building ordinance. Mayor Pro Tern Foat requested an update on the fire damaged Sweetwater Building. Councilmember Pougnet requested staff address the process of annexation of Park Andreas and other areas; thanked staff for the report on Soak City, and requested staff address the priority of ordinances. Mayor Oden announced the activities and events attended by the Mayor's Office. ADJOURNMENT: The City Council will adjourned at 9:05 P.M. to the Regular Meeting, Wednesday, May 17, 2006, 2006, at 6:00 P.M., City Hall Council Chamber, preceded by a Closed Session at 5:00 P.M., City Hall Small Conference Room, 3200 Tahquitz Canyon Way. APPROVED BY A MOTION OF THE PALM SPRINGS CITY COUNCIL THIS 117TH DAY OF MAY, 2006. MAYOR ATTEST: City Clerk